A severely disabled young girl is to receive €4.75 million in settlement of her High Court action over injuries suffered due to alleged failure to treat her hydrocephalus condition after she was born.
Jade Keane, now aged 10, was born at the National Maternity Hospital (NMH), Holles Street, Dublin, on March 21st 2001, and suffered brain damage which has left her blind, wheelchair bound, and requiring care for the rest of her life. It was claimed the cause of the injuries was hydrocephalus, also known as "water on the brain."
Through her mother Gillian Keane, Wyatville Park, Loughlinstown, Co Dublin, the child sued the HSE, Dr Dermot Stones Albany Court, Shanganagh Road, Ballybrack, Co Dublin and the NMH over alleged negligence and breach of duty of care in relation to her treatment.
Mr Justice Iarfhlaith O'Neill approved the settlement of €4.75 million, plus costs, to Jade, whose family welcomed the settlement.
The settlement was against the HSE and the hospital only but the court will next week hear an application by those defendants against Dr Stones for indemnity or contribution in relation to the damages.
Denis McCullough SC, for Jade, said negligence has been admitted in the case but all of the defendants had disputed the claims as to causation of the injuries suffered.
Jade's family were happy to accept the offer made in an action with a full value of €7m, counsel said. An application would be made later to have Jade made a ward of court.
Hydrocephalus is a condition in which there is an abnormal accumulation of cerebrospinal fluid (CSF) in the ventricles, or cavities, of the brain, Mr McCullough said. Due to increased intracranial pressure inside her skull, Jade's head began to enlarge.
It was their case Jade's head circumference was measured at 35cm when she was discharged from the NMH and that she was feeding normally and able to smile, counsel said. It was difficult to accept the child would have been discharged from the hospital if her head circumference was 39cm, as the hospital had subsequently claimed, he added.
After she was discharged, the child was seen by a public health nurse at Loughlinstown Clinic on seven occasions between April 9th and June 5th, 2001, he said. She also attended with her GP, Dr Stones, on April 30th, May 15th and 28th 2001.
On each of those visits, her head circumference had increased from 35cm to 47cm and that should have indicated to the defendants something was wrong, he said.
Jade, whose head circumference was up to 47.5cm, was diagnosed with hydrocephalus in June 2001 and had emergency surgery performed on June 11th, 2001 at Crumlin Children's Hospital. She has permanent brain injuries and, while cared for by her family, will require permanent care for the rest of her life, counsel said.
In the child's claim, it was alleged she had suffered from the hydrocephalus condition in the weeks after she was born.
The defendants had pleaded Jade had hydrocephalus both at and prior to her birth and her injuries were caused by a pre-existing condition.
The HSE previously admitted it did not act when Jade's head was observed by a public health nurse to have been outside the normal range. It also admitted the child should have been referred for an assessment and there was a delay in diagnosing her condition but denied the admissions amounted to actionable negligence.
In its defence, the NMH said Jade's head circumference was 39cm when she and her mother were discharged a few days after her birth. While documentation had said the circumference was 35cm, hand written notes showed the circumference was 39cm, it said.
The hospital admitted, with a head circumference of 39cm, Jade should have been been reviewed by a doctor at the hospital before being discharged and a follow up should have been planned.
In his defence, Dr Stones denied any negligence or that he failed to recognise that Jade was suffering from the condition. He also denied her injuries were caused by any delay on his part.
